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(영문) 서울중앙지방법원 2020.02.20 2018고합356

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant 39,525,00 won and 150,000 won to B who applied for compensation and to E who applied for compensation.

Reasons

Criminal facts

On February 17, 2011, the Defendant was released on December 23, 2011, when he was sentenced to two years of imprisonment for a violation of the Specialized Credit Financial Business Act at the Busan District Court on February 17, 201, and the remaining term of imprisonment was expired on March 11, 2012. On June 22, 2018, the Seoul High Court sentenced three years of suspended execution to two years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on June 30, 2018.

[2018Gohap356] The Defendant, on July 15, 2015, arrested the victim in the residence of the victim H located in Seongdong-gu Seoul Metropolitan Government on July 1, 2015, and the fact that the Defendant was liable to return investment amounting to approximately KRW 1.7 billion at the time of receiving the investment money from the victim, despite having no intent or ability to return the principal and profit, and was to use the investment principal to return the investment principal to other investors, etc., the Defendant, despite having received the investment money from the victim, was considered to have been paid the investment money from the victim, the Defendant made a false statement to the victim “I Bank account in the name of the Defendant (J).” The Defendant received the amount of KRW 5 million from the victim on July 15, 2015, and received the total amount of KRW 1.36 million from July 26, 2016 to December 26, 2009, as shown in [Attachment Table 1, 2009).

[2018Gohap504]

1. Fraud to K of a victim;

A. On December 4, 2017, on December 4, 2017, the Defendant sent a Japanese trip to the victim via a telephone from the Defendant’s home located in Gangnam-gu Seoul Metropolitan Government L Apartment M, on the phone of December 4, 2017, “The Defendant will return KRW 580,000,000,000,000,000,000,0000,000 won for the first time.” On the other hand, the Defendant would return the amount of KRW 780,000,000,000,000,000 won

However, even if the defendant received money from the victim, he tried to use it as a separate criminal case agreement.